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  • logiclife
    08-02 02:19 PM
    If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.

    When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.

    If you do get advice here, then be aware of the chances that it could be not applicable to your situation.

    Good Luck.





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  • ImmiLosers
    09-25 05:22 PM
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.

    I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
    I think you can still ask them even after 09/30. You may want to keep record of your dispatches.

    BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.





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  • LostInGCProcess
    11-10 05:05 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response

    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.





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  • sivakumar
    01-08 04:41 PM
    not true. You can be approved only if your PD is current.
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.



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  • eb3retro
    06-09 08:37 AM
    Hi all,

    I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .

    I have applied and got a new passport .

    I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.

    I am leaving 3july next month...what need to be done....i dont even have a VISA.

    And what needs to be done for B1 VISA.

    I emailed the chennai US embassy but couldnt get any reply............



    PLEAASE...HELP:(:confused:

    is this in dallas or houston?





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  • ras
    05-23 10:29 AM
    Is EAD to H1 a complicated process? If so what could be the reasons.

    I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.



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  • vxg
    09-10 03:42 PM
    Folks,
    After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

    Officer: Purpose
    Me: Me approved my wife not
    Officer: cases..
    Me: Presented cases
    Officer: Yes you are approved...your wife is pending
    Me: Oh really that is a revelation....
    Me: Why so?is she preadjudicated?
    Officer: There could be many reasons...no she is not pre-adjudicated...
    Me: What can we do to expedite as she is current
    Officer: Nuthin ....I was loosing my temper now...
    I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
    Officer: gave a vague Monalisa smile...
    Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

    On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

    Hope the info helps..

    SoP

    You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.





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  • SpookyH1Alien
    12-08 06:10 PM
    Hi Praveen

    I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.

    My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case

    Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.



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  • ak27
    02-10 10:04 PM
    It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..





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  • eucalyptus.mp
    02-18 02:13 PM
    I tried to contact 2-3 employers but no one seems to be intersted in H1 transfer now a days .



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  • vnsriv
    09-28 09:41 AM
    1. My EAD application status at USCIS website got changed to,

    Current Status: Approval notice sent.

    this morning. My heartfelt thanks to ImmigrationVoice activists for this.

    My spouse's EAD application status still shows as,

    Current Status: Case received and pending.

    In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

    2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

    Any information would be helpful.

    Thanks,

    You asked a question
    1)
    Any incidence of spouse's EAD case getting stuck while the primary's application going through?
    So it means the people who visited don't have an answer for this or they are not aware of any such incident. Eventually someone will respond to your query

    2) You send this query yesterday only 7 pm EST. So be patient

    All the best !





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  • immuser
    11-01 06:16 PM
    http://content.msn.co.in/News/International/InternationalHinT_011107_0847.htm

    London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.

    According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.

    Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.

    “Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.

    The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.

    These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.

    “Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said



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  • kaisersose
    05-08 02:53 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.

    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)





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  • perm2gc
    02-05 06:44 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks
    The Best Place is USMLE forums or your own network.

    good luck



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  • ch102
    02-10 10:14 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.

    Dont worry CIR will not happen !!!
    The Oh Law Firm (http://www.immigration-law.com/)
    OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
    The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.

    *****************************
    Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)

    Time is running out
    As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.

    As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.





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  • vegasbaby
    02-23 12:52 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.



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  • NKR
    10-09 12:04 PM
    Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


    http://www.chron.com/disp/story.mpl/front/6047852.html

    Welcome dude, I am from GA and a couple of days ago I applied for H1 renewal in PREMIUM, that is 1K spent just to be able to get my H1 renewal approved before my DL expires this month end.

    Why can't I use EAD?.
    My EAD is getting expired this month end too.

    Why didn't I apply for renewal before?.
    I am early 2004 EB2 I applicant, my date was current and I was expecting GC anytime soon, but I beleive USCIS was busy processing newer application and my PD moved back this month.





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  • izolo
    06-04 02:21 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me





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  • immi_enthu
    08-28 10:14 AM
    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you

    That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.

    please see the above quote by kaiserose





    Abhinaym
    05-14 09:28 AM
    My H1 sponsor informed me that the check he submitted along with my application on Wednesday 5/7 - Non-masters non-premium processing:)

    Even my friend's application check seems to have been deposited by USCIS, does that mean that the case is selected in the lottery? (Or is there any other scenario?).

    Thanks in advance to anyone who can throw some light on this.

    Update:

    I just verified that there is a receipt number on the back of the check, so that's the EAC/WAC number!





    adibhatla
    06-16 11:59 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude

    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA



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